Should I Take a Plea Deal?
One of the most frequent questions I hear in my practice relates to the tough decision to accept the military version of a plea deal (pre-trial agreement). This question can only be answered after thoroughly reviewing a case’s facts and the unique circumstances of a client’s situation. Based on over 15 years of experience in over 100 court-martial-lawyer, I have learned that some common questions should be addressed before any military member accepts a pre-trial agreement.
Has my attorney fully and carefully evaluated my case and given me the best legal advice?
Comment: Ask questions about possible defenses and ways to mitigate the charges against you. Your military defense counsel may outrank you, but you still have the right to a passionate and aggressive defense. When your future is on the line, you must ask tough questions. If you don’t like the answers, consider speaking with an experienced civilian court-martial attorney.
Do I fully understand all of the consequences of pleading guilty?
Comment: Military convictions are reported to the National Criminal Information Center (NCIC). These convictions will show up on a background check. If you plead guilty, you need to understand that the conviction will likely never go away, and depending on the offenses, you may be considered a felon. As a felon, you lose the right to vote and the right to own and carry weapons. You must also disclose your criminal history when applying for almost any job.
For Article 120 cases and any other case involving alleged sexual misconduct, will I have to register as a sex offender?
Comment: You need to have your attorney give you a definitive answer to this question before entering any plea agreement. Sex offender registration results in significant life-altering consequences. You will be monitored and scrutinized for the rest of your life.
Do I fully understand the risk-reward analysis in my case?
Comment: This involves a detailed and careful analysis of your case. An attorney should do this analysis with the experience necessary to give you a realistic range of potential outcomes. You should consider your options if your appointed military defense counsel cannot do that. You may need to hire an experienced civilian attorney who focuses their practice on military defense.
Has my attorney talked to witnesses and fully investigated my case?
Comment: Before encouraging any client to take a pre-trial agreement, your defense attorney should conduct an independent investigation and be able to explain the strengths and weaknesses of the government’s case. They should be able to tell what witnesses can be impeached through cross-examination or contradicted by other evidence. You may need a different attorney if your appointed military attorney cannot answer these questions.
Are there motions that could be filed to have the case or at least some of the charges dismissed?
Comment: Every military member has a constitutional right to a fair trial and due process. You have the right to all the protections of the Constitution. You swore an oath to support and defend the Constitution. The least the military justice system can do is protect your rights. Those rights are often defended through filing motions to dismiss your case based on unlawful command influence or violations of your right to remain silent and consult with an attorney under Article 31 of the Uniform Code of Military Justice. Please ensure that you understand your rights and that your attorney has reviewed all potential motions in your case before you go ahead and plead guilty.
Should I give up my right to a trial by jury and be tried by a military judge alone?
Comment: Over the past few years, service members have been advised to plead guilty and waive their right to have a military court-martial panel decide their case. This decision is crucial. While judges are often more predictable in the punishments they hand down, they are generally harsher than the sentences that a court-martial panel will adjudge. Ensure you understand your attorney’s reasoning and strategy for this decision before giving up any of your important rights. As an attorney who has been trying court-martial cases for over fifteen years, I have learned that military members should ask all these questions before deciding to accept a pre-trial agreement. Deciding whether or not you should plead guilty is a crucial decision that will impact you for the rest of your life. If you have questions or concerns about your case, consider consulting with a member of our team of experienced military defense attorneys. The attorneys of Crisp and Associates Military Law are the worldwide leaders in military justice and court-martial defense—period. Our attorneys consist of former military judge advocates, a law enforcement officer, and others, all of whom have served in the Army, Navy, and Air Force, or worked closely with the other Uniformed Services. Our attorneys have handled every military law matter, from simple non-judicial counseling to defending Soldiers who appeared on the front pages of newspapers and magazines worldwide. They have been on both sides of the aisle: prosecution and defense. We have handled matters from Seaman Recruit to general and flag officers. They have served at every level of the chain of command, from a platoon, ship, and squadron to the Office of the Secretary of Defense. If you are facing adverse action, Non-Judicial Punishment, or court-martial, call Crisp and Associates, LLC for a free consultation and learn what it is like to have an advocate who speaks the language of command.
